Second-Hand Dealer Licence
To sell goods second-hand, including at auction where you are selling goods on your own behalf, you need a second-hand dealer's licence from us.
Read our Guidance Notes (PDF) for information about exemptions, obligations, Planning requirements, how to complete the application form, the application procedure and the Certificate of Display.
Application Form (PDF) Application Form (Word)
Eligibility Criteria
You must not be disqualified from holding a licence, and you must be fit to be the holder of the licence.
The premises or vehicle you use in order to carry out the work must be suitable for that purpose.
You must not have applied for the same licence within the last year, unless there has been a material change in your circumstances since your last application.
A second-hand dealer's licence is not required for:
- a pawnbroker
- a business as a wholesale dealer purchasing exclusively from licensed second-hand dealers
- a charity entered in the Scottish Charity Register
- a dealer in second-hand goods or articles incidental to another business which is not being a dealer in such goods or articles
- a business either of financing the acquisition of goods by means of hire-purchase agreements, conditional sale agreements or credit sale agreements or of financing the use of goods by means of hiring agreements
Renewal of a licence
Please note it is the licence holders responsibility to be aware of the expiration date of their licence and make a full renewal application a minimum of 30 days before their existing licence expires. Failure to apply in a timely manner could result in requiring a new grant application which may be a higher cost to the applicant.
Procedure
Applications must:
- be in writing (including by electronic means)
- be signed by the applicant (including by electronic means)
- contain the applicant's name and address, and those of any employee who will manage the activity on a day-to-day basis, and the area in which the activity is to be carried out
Conditions requiring you to keep records of your stock-in-trade, may be attached.
We will:
- send a copy of the application to the Chief Constable
- place a notice in at least one local or national newspaper which states the premises and applicant details contained in the application, that any objections or representations may be made to us, and how such representations should be made
- keep a register of applications in which we will enter the details of the receipt of the application, our final decision and reasons for the decision, the details of the terms of each licence granted and a note of any suspension, variation of the terms, or surrender, of a licence
The register must be available for inspection by any member of the public at reasonable times and places and any member of the public must be permitted to make a copy of it.
If the work is to be carried out mainly or wholly in premises, the application must also contain either of the following:
- A declaration that you will display a notice at the premises for 21 days, which contains the details in your licence application and details on how to make
representations regarding the application. This should be followed by a certificate to the licensing authority stating that this requirement has been complied with. - A declaration that you do not have rights in the premises that enable you to put up a notice, and detailing the reasonable steps that you have made to acquire those rights.
Where we fail to make a decision within six months of the application, the licence is held to be granted or renewed.
Will Tacit Consent Apply?
Yes. This means that you will be able to act as though your application is granted if you have not heard from The Moray Council by the end of the target completion period.
Fees
We will charge a fee for this licence, which you will pay online. To minimise our costs, we will pass on a 1.80% charge on the value of all payments made by credit card.
Apply Online
Apply online for a Second-Hand Dealer licence by using the links in the Online Services box below.